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Misdirection
MisdirectionPractice. An error made by a judge in charging the jury in a special case. Such misdirection is either in relation to matters of law or matters of fact. RELATED TERMS-------------------------------------- Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Jury A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals. Special That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Misdirection Practice. An error made by a judge in charging the jury in a special case. Such misdirection is either in relation to matters of law or matters of fact. Relation 1) Civil law. The report which the judges made of the proceedings in certain suits to the prince were so called. 2) Contracts, construction. When an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation. Fact An action; a thing done. It is either simple or compound. SIMILAR TERMS-------------------------------------- Misdemeanor In most US states, a crime less serious than a felony for which the maximum sentence is usually not more than one year in a county jail. A sentence usually involves probation, jail time, a fine, or a combination of any or all of these three. Except in certain specific instances, persons convicted of a misdemeanor cannot be sentenced to prison. PREVIOUS AND NEXT TERMS-------------------------------------- Miscarrtage Contracts, torts. By the English statute of frauds,it is enacted that "no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement," &c. "shall be in writing," &c. The word miscarriage, in this statute comprehends that species of wrongful act, for the consequences of which the law would make the party civilly responsible. The wrongful riding the horse of another, without his leave or license, and thereby causing his death, is clearly an act for which the party is reasonsible in damages, and therefore, falls within the meaning of the word miscarriage. Miscasting By this term is not understood any pretended miscasting or mis- valuing, but simply an error in auditing and numbering. Miscognlsant This word, which is but little used, signifies ignorant or not knowing. Misconduct Unlawful behaviour by a person entrusted in any degree: with the administration of justice, by which the rights of the parties and the justice of the, case may have been affected. Miscontinuance Practice. By this term is understood a continuance of a suit by undue process. Its effect is the same as a discontinuance. Misdirection Mise English law. In a writ of right which is intended to be tried by the grand assize, the general issue is called the mise. Lawes, Civ. Pl. 111; 7 Cowen, 51. This word also signifies expenses, and it is so commonly used in the entries of judgments in personal actions; as when the plaintiff recovers, the judgment is quod recuperet damna sua for such value, and pro mises et custagiis for costs and charges for so much, &c. Miserabile depositum Civil law. The name of an involuntary deposit, made under pressing necessity; as, for instance, shipwreck, fire, or other inevitable calamity. Misericordia Mercy. An arbitrary or discretionary amercement. Misfeasance Torts, contracts. The performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance, or, nonfeasance. Misjoinder Pleading. Misjoinder of causes of action, or counts, consists in joining, in different counts in one declaration, several demands, which the law does not permit to be joined, to enforce several distinct, substantive rights of recovery; as, where a declaration joins a count in trespass with another in case, for distinct wrongs or a count in tort, with another in contract. We thank you for using the Juridical Dictionary to search for Misdirection. 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